Among the many headlines discussing carbon, Carbon Capture and Storage is a potential future market in Ohio. The OSU Agricultural and Resource Law program is beginning a series of posts to explain the background and interest for our region. See the entire first blog post here: Carbon Capture and Storage: Coming Soon to Ohio? | Farm Office.
Key points to know:
- CCS technology captures CO2 from airborne emissions and injects it into geologic formations beneath the land surface.
- Though some are hearing of CCS for the first time, CCS technology has existed for decades, as have many studies on its safety, sustainability, and the amount of carbon that can be stored in different formations and regions.
- CO2 injection wells are regulated under the federal Safe Drinking Water Act by the EPA through the Underground Injection Control (UIC) Program. The category of wells relevant to CO2 for geological storage is “Class VI” wells.
- A more recent (and arguably more prominent) factor driving CCS is the current federal tax incentive. The 2022 Inflation Reduction Act (IRA) expanded the tax credit known as “Section 45Q,” first enacted in 2008 and extended in 2018.
- Can we do CCS in Ohio? No, not without legislation. Two legal changes are necessary to enable CCS technology in Ohio. (1) Ohio law must define and clarify property rights to the pore space in geological formations beneath land surfaces, and (2) the state must allow the establishment of CCS injection wells in Ohio. Clarification on these two requirements will come in future OSU Farm Office Blog posts.